Florida politics, policy, and plain-spoken analysis by Gary Fineout.

Will Weatherford

May 08, 2017

Separated by a couple of hundred yards, a scene played out on Friday night that in a brief few moments captured the essence of the entire 2017 session of the Florida Legislature.

At one end Senate President Joe Negron made his case for why Republican Gov. Rick Scott should look favorably on the new state budget crafted by the GOP-controlled Legislature (and which will be voted on this Monday.)

Negron's logic was even though Scott didn't get what he want the Senate was always on his side. Senators backed Scott's request for money for business incentives and to fully fund Visit Florida, the state's tourism marketing agency. They just couldn't get the House to go along.

"On the Senate side the track record speaks for itself ,'' Negron told reporters. 'We've been a strong ally in the Senate of the governor and his priorities.'

Contrast that to House Speaker Richard Corcoranwho took a much more confrontational position toward the governor. (A governor by the way who has criss-crossed the state blasting GOP legislators and even running ads critical of legislators.)

'There's a war going on for the soul of the party,'' Corcoran said. "Are we going to be who we say we are?"

To Corcoran this "war" means opposing business incentives, or "corporate welfare' as he called them in the past. And in his brief session with reporters he also mentioned politicians who campaign saying they want to crack down on illegal immigration and are opposed to "the liberal socialistic health care policy called Obamacare" but then change their position when they get into office.

Without using his name directly, it was clear that Corcoran was taking aim at Scott, who flipped on Medicaid expansion (part of Obamacare) in his run-up to his re-election campaign and who ran in 2010 promising to take a hard line against immigration but then in 2014 signed a bill that extended in-tuition to the children of undocumented immigrants. (Corcoran voted against the bill even though it was strongly supported by then-House Speaker Will Weatherford.)

"I think what we need to do is elect leaders who say what they mean and mean what they say,'' said Corcoran, who maintains he has yet to make up his mind on whether he plans to run for governor next year.

Corcoran also predicted to reporters that he thought the House and Senate had the votes to hand Scott his first veto override if the governor does indeed veto the entire budget. (This requires a two-thirds vote of both chambers, which means Democrats will have to go along.)

His exchange with reporters showed that Corcoran - who talked before session of turning on the lights and finding the "cockroaches" that the Scott administration had allowed to flourish during six years in office - finishing the 60-day session with the same provocative, confrontational stance he had before it started.

Given everything that has happened over the last two months of the session it's not really surprising.

Along the way he pushed back against anyone - whether they were in media, his own party, or whomever - who challenged his statements or positions. Sometimes he did it in a lawyerly fashion (such as complaints about transparency weren't valid because the media focused on just one part and not the totality of the changes he pushed.)

But other times it was through sheer force.

He used the budget negotiations (largely behind closed doors) and Negron's own top priority to create a reservoir south of Lake Okeechobee to get the Senate to take up a proposed constitutional amendment that would expand Florida's homestead exemption. Corcoran was able to get the Senate to move quickly on this proposal even though it languished most of the session and was opposed by Sen. Jack Latvala, the Senate budget chief.

Corcoran also used his power in less visible, but still effective fashion (like shutting down session for long stretches in the final days when the pressure builds to act.) It has been argued that his crackdown on lobbyists before session and the requirements about increased disclosure were more about giving him the speaker a clearer idea of where lobbyists may be taking aim at his agenda.

And on Day 60 Corcoran got the Senate to sign off on a nearly 300-page overhaul of education policy (some of it never seen in public before) that will also be taken up Monday on the final day of session. Corcoran used the budget conference process to place all this policy into two "conforming" bills (bills that change state law to conform to the budget) even though some elements of the legislation weren't ever included in the budget conference. He also got policy changes for Visit Florida included in a bill that initially just dealt with a "displaced homemakers" program.

Corcoran wasn't apologetic for the move, saying instead that the bill (HB 7069) and which includes his "Schools of Hope" proposal to shift students in low-performing schools over to charter schools was some of the "boldest most transformational" change ever and would even rival former Gov. JebBush's A+ plan that put in place the state's entire school grading system.

The setbacks for Corcoran were few: His push for major ethics reform and judicial term limits were never taken seriously in the Senate. There's an argument that despite his pre-session warnings to avoid them that there were plenty of special interest fights . Witness the drawn-out battle over the so-called "Whiskey and Wheaties bill" - which would allow grocery stores to eventually sell hard liquor - as one example. (Corcoran, who appeared to take a strong interest in the measure, maintains his backing of that bill was about free-market principles.)

But of course the question is whether Corcoran's victory dance is premature.

Because at this point it's unclear what Scott will do and whether he will use his own considerable power against the House speaker.

This past week Corcoran and his top allies let it be known that they had offered Scott a deal where they would have relented in a couple of places and funded a couple of his priorities: Visit Florida as well as money for repairs to the Herbert Hoover dike surrounding Lake Okeechobee.

That Scott's people rejected the deal isn't that hard to explain. As explained by those close to Scott, the governor didn't deliver a long list of demands to state legislators this year so it shouldn't be too hard to get the handful of things he asked for.

Of course there remains the chance there will be a few more chess moves before ultimately the Corcoran vs. Scott drama plays itself out.

Corcoran and Negron could refuse to immediately deliver the budget to Scott, meaning that the governor - and the Legislature - would have less time to act as the state moves closer to the end of the fiscal year on June 30. There's nothing in state law that mandates when the Legislature has to deliver the budget to Scott's desk. So theoretically the Legislature could hand it over a week ahead of time.

Yet in one way the two legislative leaders have given Scott an easier path to a budget veto.

The main general appropriations act is $82.4 billion, but it doesn't include many key elements. Legislators have placed more than $700 million worth of spending for Negron's Lake Okeechobee plan, Schools of Hope, Visit Florida and the state employee pay raise OUTSIDE the main budget bill.

This means Scott can sign some of the bills important to the Senate (where it may be easier to sustain a veto) while at the same time vetoing the budget and any other bills important to the House.

Of course if Scott does veto the entire budget (a rare occurrence in recent Florida history) then we get to watch Round 2 between the speaker and the governor.

December 02, 2015

For those who follow the intrigue of internal legislative politics, the Wednesday designation of Sen. Joe Negron as the Republican nominee for Senate president will bring an end to a fascinating drama that featured everything from betrayal, to whispers of cross-party courtships to the supposed root cause of the dysfunction that had permeated the Senate as it lurched from a budget crisis to a redistricting crisis to... you name it.

Negron, as Tallahassee insiders know, was able to obtain the presidency over Sen. Jack Latvala. A deal that resulted in Latvala bowing out - while he got the nod as the next appropriations chairman - was announced in early November.

There's no doubt that a Latvala presidency would have been an interesting sight - especially given his admonitions at times to some of the top employees of the administration of Gov. Rick Scott.

But the elevation of Negron may bring its own drama to watch.

And that's because it appears that the 54-year-old Stuart attorney may be willing to challenge the current game plan for Florida's universities that has been advocated by the governor.

Scott's foray into Florida's higher education universe has been one that has created conflicts, controversy and finally acquiescence from GOP legislators and university officials.

Scott in 2012 backed the creation of the stand-alone Florida Polytechnic University despite being urged by his own chief of staff to veto the bill.

Scott also played a role in the decision to keep Bernie Machenon as University of Florida president. Machen had planned to step down at the end of 2013 but said he was persuaded by Scott to remain on board longer because the governor would help him elevate UF. This came a few months after Scott had vetoed a bill to aid both UF and Florida State University because it would have given both schools additional powers to raise tuition above limits set in state law. What was odd about the entire incident is that emails show that UF trustees were on the verge of naming a new president just days before it was announced Machen was staying.

Scott has also been firm about lowering Florida's debt obligations - and that has meant he has been opposed to issuing bonds for such traditional uses as new university buildings (a move that has perplexed university trustees). He also gone along with efforts to incorporate performance funding into university appropriations.

But Scott's chief mantra when it comes to higher education is that Florida should do everything possible to keep the cost of higher education as low as possible - saying it should remain affordable because residents need a college education to get a decent job.

He's pushed colleges to create low-cost degree programs. The Republican governor has also since 2012 engaged in a unwavering battle against tuition hikes. Scott began calling tuition hikes a form of a tax hike and he pushed legislators to roll back a state law adopted under then Gov. Charlie Crist that was intended to give universities the ability to raise tuition without having to get annual approval from the Florida Legislature.

In the beginning, then House Speaker Will Weatherford resisted Scott on tuition. During one visit to the Board of Governors _ the panel that oversees the state university system _ he even held up a cellphone and said that students were paying more for their bills then for tuition. But Weatherford finally gave way to Scott and during the session ahead of the 2014 elections he backed the legislation that eliminated the ability of most universities - save UF and FSU - from being able to raise tuition on their own.

After winning that battle, Scott has forged onward even trying unsuccessfully in 2015 to place limits on graduate student tuition.

But Negron appears ready to change the conversation away from costs and instead focus on it on long-term goals.

He plans on Wednesday to outline his steps to make Florida's universities "national destination elite universities" that attract out-of-state students in the way that University of North Carolina and University of Michigan do.

"I’m laying down a marker that universities are a priority," said Negron this week. "I think Florida has made great progress, but I think when you look at states like North Carolina and Virginia I think we can help our universities get to the next level."

Negron, who put three kids through college including two who attended UF and FSU, said he views universities as "indispensable" to creating an "economically vital state."

Among the things that Negron says he wants to do is help universities recruit and retain faculty and make sure the state's graduate schools have what they need to compete nationally.

Of course, all of these things would cost more money. The two main sources for Florida's public universities are tuition or increased state support and that''s where things get complicated.

Negron, who was at one time the Senate budget chief, says he believes there is enough money already in the budget to increase funding to universities.

But he also has a difference of opinion about tuition.

"I agree we want to make sure a university education is affordable," Negron said. "But Florida has one of the lowest tuition rates in the country...Getting a four-year degree is very reasonable."

Negron is expected to give more details on his plans during his designation speech. The key question will be, however, whether Negron's push will open yet another battlefront in a never-ending tug-of-war with the governor.

October 15, 2014

Charlie Crist and Rick Scott will head into their second debate on Wednesday night, hoping to create some momentum in what appears to be an ever so tight race for governor.

What might get lost in the back-and-forth and barbs about fraud, Scott Rothstein, and HCA/Columbia is how each governor is prepared to deal with the political future and reality that will exist no matter which one of them wins.

And that reality is that the Republican-controlled Florida Legislature will have a lot to say on how the next four years go...for both candidates.

The fault lines will be obvious for Crist.

He has already said he's ready to issue an executive order to try to carry out Medicaid expansion if the Legislature remains recalcitrant to the idea as it has the last two years.

This is actually not a new tactic for Crist. He has done this before, on issues like voting, where he has dared the Legislature to sue him on issues he knows enjoy some level of popularity. In the past, state legislators were hesitant to do this (save then-House Speaker Marco Rubio's challenge to a gaming compact with the Seminole Tribe of Florida.)

But you can rest assured that on Medicaid expansion the legal challenge - at least from the House (where one of the chief expansion opponents is Speaker-in-waiting Richard Corcoran) - will come quickly.

Crist has already said several times that he thinks he can work with the Legislature because he will "have a pen." That threat, however, would be rendered useless if Republicans gain a veto-proof majority as some polls are suggesting. You can bet a Legislature chagrined by the prospect of a Crist governorship will not hesitate to challenge Crist at every opportunity.

A Crist governorship could be a bonanza for political and policy reporters who would get to witness an endless game of brinkmanship as it happened at times under Florida's last Democratic governor Lawton Chiles. Just think of the joys of a possible mid-summer session to craft a final budget deal in order to keep state government running. (And a wonderful side debate of who constitutes a "essential" or "non-essential" state employee.)

Except Crist might not be the only one who could be at odds with legislative leaders.

The plain fact is that when talked to privately many GOP legislators continue to have discomfort with Scott four years after he knocked off GOP establishment favorite BIll McCollum and contended on primary night that the Tallahassee insiders would be "crying in their cocktails." Scott has an uneasy alliance with many Republican heavy-weights in the state who have remained quiet as he brought in outsiders - many of them connected to Louisiana Gov. Bobby Jindal - to run the Republican Party of Florida.

Let's look at the facts of his four years in office. It really wasn't until this year - when he was down in the polls against Crist - that the Legislature pivoted from three years of a respectful, yet standoffish at times relationship, to giving way to help carry out Scott's top priorities.

Many of Scott's top priorities from his 2010 election - such as a massive cut in the state's corporate income tax - were politely rejected by the Legislature.

Want a more recent example? Just look at the decision by Scott to have Lopez-Cantera and Chief of Staff Adam Hollingsworth gauge support for a potential new deal with the Seminoles. As reported recently by The Associated Press, the goal of this deal was come up with one that outshined the one that Crist approved and get more money for the state. But the deal was a tough sell especially since it would require yes votes from Democrats in order to pass and was opposed by the state's pari-mutuels and those supporting Las Vegas-styled casinos. The entire effort quickly collapsed.

That's not to say there won't be a lot more common ground between Scott and members of his own party than between them and Crist.

But many of the Tallahassee insiders who Scott predicted would be crying now fully expect the Legislature to be the place where the real action - and real power - will lie during the next four years. That's more likely since Scott's power over legislators will wane as his second term goes on. Even as powerful as he was then-Gov. Jeb Bush got into a lot more rows with the Legislature after his re-election.

And how much currency with Scott bring with him if he barely defeats Crist in the same fashion where he barely defeated Alex Sink in 2010?

Scott's platform this time around has been a lot less bolder than it was in 2010. He has mostly crafted it around ideas like increasing spending on environment and education. Scott has promised to continue to grow the economy, but there's no 7-7-7 plan this time around with a sweeping promise to create 700,000 (or 1.7 million jobs) by cutting billions in taxes and spending.

What ultimately might be more important are the platforms of Corcoran, soon to be House Speaker Rep. Steve Crisafulli, Incoming Senate President Andy Gardiner, Sen. Bill Galvano (and the yet to be crowned Senate president for the 2017-18 time period.) Or it could even be the platforms of the NEXT potential Republican governor - Adam Putnam or Jeff Atwater.

June 12, 2014

The search for a new Florida State University president has turned into one of the prime political stories this summer in Florida that has nothing directly to do with the governor's race.

The intrigue surrounds whether or not state Sen. John Thrasher, a former House speaker and current chairman of Gov. Rick Scott's re-election campaign, is going to wind up with the job. Thrasher initially had the inside track for the position after a contentious narrow vote to make him the main frontrunner. But then Supreme Court Chief Justice Ricky Polston jumped into the fray and that triggered a whole series of events leading up a decision this week to revamp the entire search process. More on that here.

The idea that a Florida university would consider a politician is certainly not new. It reflects the reality that Florida's university system is built on a financial structure that is highly dependent on the good will of the Florida Legislature and the governor. Additionally, the job of president pays relatively well, can boost one's pension plan tremendously, and has a level of prestige and responsibility that is better than many political posts.

There's a long line of political figures who have led universities - whether it was former Lt. Gov. Frank Brogan at Florida Atlantic University, former House Speaker T.K. Wetherell at FSU and Education Commissioner Betty Castor at the University of South Florida. And it's true that some of those picks drew criticism over whether the candidates had the academic credentials for the post.

But the lingering question for FSU's search is whether the entire process so far is stacked in such a way that Thrasher is inevitably the person who gets the job.

Students and faculty who have protested the search have been critical of their level of participation in the search.

Allan Bense, the former House speaker and father-in-law of current House speaker Will Weatherford , nominated a 27-member committee (which was approved by the FSU Board of Trustees) that has four faculty members, three students and four people who work for the university. Contrast that with the University of Florida presidential search which on its 17-member panel has a majority with direct ties to the school: Three faculty members, two deans, three university vice presidents, one athletics administrator and one student.

Many of the other members on the FSU search committee have substantial ties to Tallahassee's politically-charged environment. That's not to say they came in with the sole purpose of picking Thrasher, but they are people who are acutely aware of the heavy role that the Legislature plays and may consider that important to FSU's future success.

That list includes Bense himself, as well as Kathryn Ballard, a trustee and husband to powerhouse lobbyist and GOP fundraiser Brian Ballard. There's also former Senate President John McKay, current state Rep. Jimmy Patronis, Delores Spearman, the wife of another big-time lobbyist Guy Spearman, Drew Weatherford, former FSU quarterback turned lobbyist and brother of the current House speaker, and Al Lawson, a former state legislator turned lobbyist.

It's worth noting that two of those members present at this week's meeting _ Weatherford and Lawson _ said they had not asked to serve on the search committee ahead of time.

"I read it in the newspaper just like everybody else,'' said Lawson, who this spring had a lobbying contract worth at least $20,000 with the FSU Board of Trustees headed by Bense. (Lawson for his part doesn't believe this constitutes a conflict on his part to serve on the search committee.)

Weatherford, who works at Strategos Public Affairswith former Rep. Trey Traviesa and former legislator and Education Commissioner Jim Horne, also said he did not ask anyone ahead of time to appoint him.

"Having been a student athlete here I think they appreciated my perspective,'' said Weatherford who added that he is also recent graduate who is not "too far removed" from campus life.

Bense defended the people he recommended for the search committee to the full FSU board saying he tried to a "cross section of folks" who had various ties to the university including alumni and athletic boosters and professors.

"I'm sure I made a lot of people unhappy,'' Bense said following this week's search committee meeting.

Bense, who has said several times that politics are a reality for university presidents to deal with, continues to insist that the search is wide open and that no one nominee has the job locked down.

"I'm doing all I can to do away with that myth,'' Bense said.

Bense also contends the decision to hire a new search consultant and to revisit the timeline now in place shows that he and other search committee members are listening.

"I do hope that the faculty recognizes that today we clearly listened to them,'' Bense said. "We're going to reset the clock and hopefully we can find a great new president."

But Lawson, who spent three decades in the Florida Legislature, said that in his mind Thrasher remains firmly "in the mix" of people that the university should consider.

"If you are not very astute to the legislative process, the university may not flourish,'' he said.

May 28, 2014

The last week has seen the culmination of what is an annual rite in the state Capital:

What will the governor do with the budget that is now sitting on his desk?

Gov. Rick Scott has until June 4 to decide which items he plans to spare, and which spending items he plans to veto from the $77.1 billion budget that the Republican-controlled Legislature passed earlier this year.

It's no secret that flush with a budget surplus that lawmakers made sure to sprinkle plenty of it around the state.

Moments before voting for it, Sen. Alan Hays boldly proclaimed "I am going to go home and brag about what we have done."

Yes, there's a lot that came with the new 2014-15 budget: More money for education, more money to hire additional child protection investigators, to start projects to help clean water pollution around the state. It's no doubt that Scott will find a lot to praise when he signs it into law in the next few weeks.

There's already been quite a bit of ink written about funding for a variety of hometown projects including money for a Miami observation tower, a Brevard County gun range, to money for a dog park for a upper scale neighborhood located in Jacksonville. Senate budget chief Joe Negron and other legislators have been quite vocal about their constitutional right to appropriate money to these projects.

One business-backed group that makes an annual list of hometown projects that it says should be vetoed rolled out its own list late last week.

But that list barely had any mentions that this year's budget is a treasure-trove for private vendors and consultants.

Every year a great deal of state money is outsourced - whether to juvenile justice providers to information technology expenses to the vast array of health care providers who provide health care services as part of Florida's Medicaid program.

But spread through the budget are orders from legislators to hire outside companies to do everything from drawing up a data security plan, conducting a study on whether to upgrade the statewide law enforcement radio system, and a study to look at splitting up the joint engineering college run by Florida A&M University and Florida State University

Some of these projects, such as the law enforcement radio system study, are the result of behind-the-scenes pushing and pulling that came from lobbyists while the engineering college study was a compromise following a push to split up the school.

A quick run-through shows that close to $12 million was set aside just to hire consultants to perform studies or help set up pilot programs. The amount is bound to be much higher since in some places legislators directed state agencies to hire someone but they didn't set aside a specific amount for the contract.

But some of the items that are broken out include:

* $50,000 provided to the city of Destin to do a feasibility study for an aquatic nature park.

* $500,000 to the Agency for Health Care Administration to hire an "independent consultant" to review the state's funding mechanism for reimbursing hospitals for Medicaid costs. Legislators ordered that the review must look at the "equity, accountability and sustainability" of the funding mechanism.

* $1.75 million for the Department of Management Services (DMS) to hire a company to administer a voluntary state employee wellness program covering up to 2,000 state workers. The program shall use lab services to assess health risks such as heart disease and diabetes.

* $200,000 for DMS to hire a consulting firm to do a "technology risk assessment" of the online application used for the Florida Retirement System.

* $200,000 for the Auditor General to hire "subject matter experts" to conduct a full audit on joint electric power supply projects.

* $250,000 for a voluntary obesity therapy program for state employees. The consulting firm hired will provide physician-supervised behavioral weight therapy to 175 employees with a body mass index over 30.

* $300,000 for DMS for an outside "independent" vendor to do a transition plan for relocating the data center facility located at the Northwood Centre to the facility at the state-owned Capital Circle Office Complex. And in a sign that the language may have been tailored to a select few companies the budget provision says the firm "must have demonstrated experience in data center consolidation and relocation planning and must have successfully provided similar services for other entities of comparable size and complexity."

Some contracts have no specified amount and instead direct agencies to fund them out of large line items - which makes it difficult legally for Scott to veto them (although that hasn't stopped Scott and other governors from trying.)

* The Department of Transportation is told it "may" use part of its $105 million traffic engineering consultant budget to contract with "qualified traffic signal and traffic control devicecontractors to provide evaluation, installation, operations, or maintenance of traffic signals and any other traffic control devices to municipalities and counties."

* The Department of Economic Opportunity is mandated to find money in its agency budget to "contract for an independent third-party to verify that each business that receives an economic development incentive satisfies all of the requirements of the incentive agreement, including job creation numbers. These comprehensive performance audit functions must include reviewing: 100 percent of allincentive claims, including audit confirmations; procedures used to verify incentive eligibility; and the department’s records for accuracy and completeness."

When asked about the long list of contract items included in the budget, House Speaker Will Weatherford said he could not speak to each individual item.

But he said that legislators in charge of the budget put in spending for things that they thought "served the state best." He called the overall budget a "great" product.

May 18, 2014

More than two years after lawsuits were first filed a trial is scheduled to open up this week in Tallahassee that challenges the constitutionality of Florida's current congressional map. The trial could last up to 11 days.

Here's a quick run-down to explain what it's about and what's at stake.

WHAT'S HAPPENING: Two different sets of plaintiffs, including a coalition led by the League of Women Voters, have challenged the legality of maps drawn up and passed by the Republican-controlled Florida Legislature. The lawsuit asks Circuit Court Judge Terry Lewis to declare the congressional maps invalid because they violate a constitutional amendment that requires districts to be drawn in a way so they do not favor any one political party or protect incumbents. The "Fair Districts" amendment was passed by voters in 2010. This lawsuit will answer questions on whether legislators complied with these new standards _ after opposing them initially _ or instead gave them lip service and engaged in a "shadow" process as the plaintiffs allege to draw up districts that favored Republicans.

WHAT'S AT STAKE: Ultimately the makeup of the Florida delegation of the U.S. Congress.

Right now there is a 16-10 GOP edge (although one vacant seat is expected to be won in June by Republican Curt Clawson). The judge could decide that the current map is in fact unconstitutional and require that the map be redrawn. The plaintiffs behind the lawsuit argue that no less than 10 existing seats violate the standards: CD 5 held by U.S. Rep. Corinne Brown, CD 10 held by U.S. Rep. Dan Webster, CD 13 held by U.S. Rep. David Jolly, CD 14 held by U.S. Rep. Kathy Castor, CD 21 held by U.S. Rep. Ted Deutch, CD 22 held by U.S. Rep. Lois Frankel, CD 26 held by U.S. Rep. Joe Garcia, CD 27 held by U.S. Rep. Ileana Ros-Lehtinen, CD 15 held by U.S. Rep. Dennis Ross and CD 25 held by U.S. Rep. Mario Diaz-Balart.

It's Brown's district, which winds its way all the way from Jacksonville to Orlando, that may be the one that is most impacted by the litigation.

That's because in the middle of the 2012 session two legislators in charge of redistricting - now SenatePresident Don Gaetz and House Speaker Will Weatherford met privately with staff and decided at that time to boost the number of African-Americans in Brown's district so that it was a so-called "majority minority" seat instead of having roughly 48 percent African-American voters in the district.

When asked about this in a deposition Weatherford contended that the Senate had made a "compelling" argument to do this because it would help any legal challenges to the maps. The plaintiffs allege that this action wound up taking Democrats from other Central Florida districts and was done to make two other GOP seats safer.

KEY MOMENTS TO WATCH FOR DURING TRIAL: It is expected that during the trial both of Florida's legislative leaders Gaetz and Weatherford will be asked to take the stand. The two men were in charge of the redistricting process in 2012 before they ascended to their current positions. The two men are being forced to testify because the state Supreme Court in a 5-2 decision ruled that legislators and legislative staff are not covered by legislative privilege when it comes to deciding whether or not they violated the "Fair Districts" amendment. Other people who could testify include former House Speaker Dean Cannon as well as legislative staffers, lobbyists and consultants.

THE ALLEN WEST DEFENSE: Another thing to watch for is how many times former U.S. Rep. Allen West's name is mentioned during the trial. It's no secret that some conservatives howled at how the changes proposed by the Florida Legislature wound up affecting West who wound up losing his re-election bid after shifting to a new district. In the past Weatherford and other legislative leaders have insisted they were following the law and that they did not intentionally target West.

But West is already being used by attorneys representing the Legislature as defense exhibit No. 1. House attorney George Meros cited the loss of West - as well as the losses of several other Republicans - as evidence that everything legislators did was on the up and up. The question is how this defense will be viewed by the conservatives and tea party groups that like West.

WHY TALLAHASSEE INSIDERS CARE SO MUCH: While the lawsuit could have reverberations for members of Congress, the litigation also threatens to expose the behind-the-scenes relationships that exist between consultants, lobbyists and Florida politicians. The plaintiffs allege that GOP consultants played a role in helping craft the maps. One of Cannon's top aides - and now working with him at a lobbying firm - sent draft maps to a Republican political consultant. Meros publicly told Judge Lewis in a recent hearing that Kirk Pepper had "breached" his duty to Cannon and that Cannon was furious at him over it.

But there's more than just that: Documents and emails produced in connection with the case have highlighted meetings between legislative staff and GOP consultants and even national GOP officials right after the amendments were passed. What has surfaced so far has also raised questions as to the relationships between legislative leaders such as Cannon and Gaetz and well-known Tallahassee consultants Rich Heffley and Marc Reichelderfer. The Naples Daily News pointed out that Heffley for example was paid $10,000 a month as a redistricting consultant while Gaetz was drawing maps for the Senate.

Meanwhile, for those pushing the lawsuits they have had to answer questions about their own motivations since documents have shown that it was Democratic consultants who helped produce a map that was initially submitted to the judge as an alternative to the map now being challenged. In one colorful passage, a consultant talked about wanting "to scoop as many Jews" out of particular neighborhood in order to bolster the district of U.S. Rep. Debbie Wasserman Schultzand who is also the chair of the Democratic National Committee.

CONFIDENTIAL AND HUSH-HUSH: One of the other big storylines for the trial is why Republican consultant Pat Bainter and his firm Data Targeting are fighting so hard to keep out of public view hundreds of pages of documents taken from the firm. The groups pushing the lawsuit want to use slightly less than 100 pages as exhibits in the trial. But Bainter's attorneys _ who are being bankrolled by the Republican Party of Florida _ have now gone to an appeals court to fight from making the documents public. The court last Friday said it would keep the material secret while it considers the appeal.

On the very least this means the trial will have to start without these secrets from spilling out, and in the end it's possible that the judge can still use the evidence even if the public never knows what it is.

The battle, however, points out that the attorneys pursuing the case are relying a great deal on material they got from consultants because they were less successful in obtaining a lot of behind-the-scenes material from the Legislature itself.

COST TO TAXPAYERS: And while this drags on taxpayers keep footing the bill.

In the build-up to the trial, the state's taxpayers have spent a lot of money to defend the GOP-controlled Legislature's actions. The Florida Senate has spent at least $2 million, while the House had spent more than $600,000 by last fall. (Still awaiting a more to up to date figure from the House.) You can expect that cost to rise significantly after a trial - and possible appeals depending on which side loses.

WHEN WILL THIS BE DECIDED: Very soon. The trial is not being decided by a jury but the verdict instead will handed down by Lewis. He said at a recent hearing that he plans to make his decision between now and the end of June. That's because Lewis is being switched over to criminal proceedings in July. He said he wants to have this wrapped up before he makes that move.

May 02, 2014

The 2014 session of the Florida Legislature is expected to end sometime Friday night after lawmakers vote on a new $77 billion budget.

The session for the most part did live up to billing as an election-year offering designed to helpGov. Rick Scott.

That didn't mean there wasn't some of the usual tension and drama that accompanies every session.

Here then are this year's biggest questions answered:

1. Is this year's gambling legislation the real deal, or is it all for show? It was pretty much just a show. The deep divides over gambling remained in force and halfway through the session both the House and Senate shut down any consideration of any serious legislation.

At the tail end of the session Scott and his staff floated the idea of bringing a finished compact with the Seminole Tribe of Florida to legislators. One idea was to hold a special session in May to consider it.

That trial balloon was quickly shot down. And Democrats - who are seen as vital in approving any bill due to longstanding Republican opposition - locked down and said they wouldn't approve any deal unless they were involved in negotiations.

So at this point it's hard to imagine anything productive happening until maybe after this fall's elections.

2. Will the Republican-controlled Legislature really approve in-state tuition rates for the children of illegal immigrants? Yes. The Florida House is poised on the final day of the session to pass the bill and send it to Scott. And Scott plans to sign the bill once it hits his desk.

The issue of in-state tuition deeply divided GOP legislators, especially those in the Florida Senate. The bill nearly died a couple of times in that chamber as some Republicans accused Scott and others of "pandering" and not sticking with the GOP idea of requiring people to follow the law.

Sen. Jack Latvala, R-Clearwater and Senate sponsor, credited House Speaker Will Weatherford and just as importantly, Scott for keeping the issue from dying this year.

Scott, who is caught up in a tight re-election this year, halfway through the session embraced the idea of in-state tuition even though just a year ago he vetoed a bill that would have helped these same DREAMers get a temporary driver's license. Democrats accuse Scott of a cynical election year ploy, but the fact is that after years of trying those pushing the issue are finally going to get the bill passed.

As a sidelight it's interesting that while one potential 2016 presidential candidate - former Gov. Jeb Bush - came out forcefully in favor of the bill U.S. Sen. and former House Speaker Marco Rubio did not. Alex Leary of the Tampa Bay Times even noted in a posting that it appears that Rubio's position on the issue has changed since assuming federal office. Rubio supported the legislation when he was still a South Florida legislator.

3. Testing vs. vouchers Well, this one is headed down the wire.

Concerns over testing prompted the Senate sponsor of this year's bill to expand Florida's private school voucher program to pull his bill from consideration. But the House then attached the bill that would offer vouchers to middle-income families to a bill that also deals with educational services for disabled children that is a top priority for Senate President-designate Andy Gardiner.

The Senate responded with crafting a bill that includes some testing language, but not a requirement that private schools have their students take the same test as public school students. Instead the revamped proposal includes a requirement that schools with a majority of voucher students to publicly report student performance on standardized testing.

But the Senate bill got tangled up on the 59th day and Democrats refused to allow the Senate to take up the House legislation. The procedural misstep has put the bill in jeopardy of dying on the final day. Weatherford predicted that the bill would still pass before the Legislature ends Sine Die. (UPDATE: Weatherford was right. The Senate attached the legislation to another bill and pushed it through despite the objections of many Democrats.)

4. Could Rick Scott still have a tough session?

The answer was sort of.

Clearly the looming prospect of Scott's re-election hung over the entire session. Controversial proposals were jettisoned repeatedly as it became apparent that legislative leaders had no intention of sending anything too polarizing to Scott's desk.

But Scott's decision to get behind the in-state tuition bill forced the governor to engage on a tough issue. After coming out in favor of the bill, the Senate repeatedly came close to scuttling the entire proposal.

Scott's effort to get legislators to consider a deal with the Seminoles also fell flat.

But in other ways Scott fared well. He got most, if not all, of his tax cut package. His spending recommendations were not completely followed but he got a lot of what he asked for and the Senate gave a thumbs up to his appointments.

5. Will there be a libertarian wave during this year's session?

Kind of, sort of. The Legislature is expected on its final day of session to pass a bill that would authorize the use of a strain of marijuana known as "Charlotte's Web" for medical purposes.

During his defense of the bill Rep. Matt Gaetz, R-Fort Walton Beach, even noted that by passing the bill Florida was in fact deciding to ignore federal laws that completely outlaw all forms of marijuana.

But many other pieces of legislation to loosen up on government regulation crashed and burned, whether it was getting rid of red light cameras or deregulating the sale of liquor in grocery stores.

And then there was the big cluster over craft breweries and whether or not they could sale certain sizes of beer known as growlers. The intense firefight between the big beer distributors and the craft breweries over what kind or regulation is needed has not been resolved and the bill is expected to die in the Florida House on the final day.

May 01, 2014

House Speaker Will Weatherford witnessed on Wednesday the demolition for he second straight year in a row one of his top priorities: An overhaul of the state pension plan.

The Senate voted 21-15 against taking a House bill that would have steered certain public employees away from the Florida Retirement System and into a 401 (k) investment styled plan run by the state.

But with just two days left in session it's important to note that there are a handful of other bills - some that have not gotten as much attention - that will decide whether the 2014 session of the Florida Legislature lurches to the finish or implodes.

And some of those bills are in the hands of Weatherford as he waits to see whether or not the Florida Senate act on some of his remaining priorities.

Weatherford acknowledged even as much during a brief availability with reporters after the pension bill met its demise.

"i think we have plenty of time to take up some of those priorities,'' Weatherford said. "I think you will see some bills that have been viewed as priorities of both the House and Senate start to get some legs."

So what are some of the important bills left in play:

SB 1512: This is a bill that merges an expansion of Florida's private school voucher program with legislation that would provide additional assistance to families with special needs children. But the bill as it now stands includes additional testing provisions for schools accepting vouchers that private school operators are likely unwilling to accept.

Weatherford conceded that there remain conversations about how much "accountability" should be placed on those private schools.

Now adding to the intrigue is a late-filed amendment by Sen. Kelli Stargel. Her amendment keeps largely intact the testing provision but would allow the program to begin accepting middle income families in three years.

This bill is no doubt an important one to Weatherford. And how the Senate treats this bill could well determine what happens to other important remaining pieces of legislation.

HB 5601: The package of tax cuts that comprises the remaining $100 million or so that legislative leaders promised before the session has been a constantly evolving piece of legislation that has been changed substantially several times in its trip through the House, over to the Senate and is likely to be changed once again when it comes up for a final vote.

Along the way the bill has contained multiple sales tax holidays, a cut in the state's communication services tax and the current version even has help for Daytona International Speedway.

No doubt this is supposed to be a must-pass bill. But so far it's not clear if a final deal has been reached.

But to register the seriousness of this bill Rep. Ritch Workman, the chairman of the House Finance and Tax committee, acknowledged that he's been negotiating directly with Sen. Joe Negron, the Senate budget chief, on the final version of the bill and bypassing Sen. Dorothy Hukill, R-Port Orange, who is his counterpart in the Senate. There was reportedly a deal reached on this important bill late Wednesday evening.

HB 851: This is the bill that would allow students who are in the country illegally qualify for in-state tuition rates. Right now it would appear the Florida Senate will pass the bill and send it over to the House. But of course that only came after a lot of drama and public lobbying for the legislation by Gov. Rick Scott. Passage of this bill gives Scott the ability to declare victory for the 2014 session.

SB 1030: This is the bill overwhelmingly passed by the Florida Senate that allows a certain strain of marijuana to be used for medical purposes. The House version, sponsored by Rep. Matt Gaetz, has never made it to the floor. Yet it's clear that this bill has become a priority of many Republicans. Weatherford sounds as if he plans to allow the bill to be considered. But it also appears that this might be one of those bills that remains in play till near the end.

SB 1216/HB 7095: Resolving the pro stadium controversy once and for all is a top priority for a lot of legislators, including incoming Senate President Andy Gardiner, not to mention a lot of lobbyists Just this week in the rotunda Orlando Mayor Buddy Dyer was introducing Sen. John Thrasher to the owner of the new Orlando soccer team. When Dyer thanked Thrasher for his help on the bill, he paused and told them the person they ought to thank is Gardiner. Now of course it wouldn't be surprising if the back-and-forth over what should be in the bill, and what should not be in this bill will go down to the final hours.

Now this isn't to say there are not a lot of other important bills still in play, including a train of health care proposals. There are rumblings that other bills, such as the film incentives legislation, may be resurrected as well.

As we get closer to the end it will be interesting to see whether or not Weatherford and Senate President Don Gaetz remain cordial - at least in public. The tension between the two presiding officers has been building all session but so far it has remained largely out of sight. If something happens to some of these bills then that could change quickly.

For Scott's first three years in office he had his budget office led by the same man - Jerry McDaniel - who also helped draw up budgets for Gov. Charlie Crist when he was in charge.

Part of the annual budget process under McDaniel was to make sure that the governor's office had a fairly comprehensive list of where specific budget projects originated from - and just as importantly - who had an interest in making sure a project was spared a line-item veto.

This process isn't all that public, but you can see it play out in various public records (meaning it doesn't really get discovered until after the fact.)

Still you get a feel for how important certain projects are and who they are linked to when you go through emails and other documents.

And emails from May 2013 illustrate that clearly.

On May 6 - the Monday after the end of session Scott's legislative affairs office had already distributed a spreadsheet that contained a list of budget priorities associated with the various budget chairmen in the state Senate.

On May 7 - McDaniel holds a meeting where he asked Office of Planning and Budget staff to bring "whatever you have regarding budget priorities for the members of the Fl Legislature."

Later that day McDaniel emails his staff: "As you call to associate projects in the budget with members, please insure that they understand that you are not in search of priorities - just their particular interest in seeing projects occurring in the budget become law. Senior staff are calling separately for top 3 priorities."

That same day emails start to come in from legislative staff outlining what parts of the budget legislators are interested in.

Of course not everything was enshrined in an email.

On May 10 McDaniel emails top deputies in Scott's office with the subject line "Need."

Those emails simply included the names of several legislators including Sen Bill Galvano, Sen. John Legg, and Rep. Richard Corcoran.

Before Scott had finally acted on his line-item vetoes his staff compiled a nearly 400-page document that listed every individual spending item. And next to many lines were the name of a legislator.

$2.5 million for a Florida State University Center for Reading Research pilot project? House Speaker Will Weatherford.

$1 million for a University of West Florida economic security report? Senate President Don Gaetz.

To be fair, there are many, many pages that list spending items without any legislators names on it.

But there are legislators associated with dozens and dozens of items, from funding for hospitals, mentoring programs, to money for Boys and Girls Clubs.

Gaetz, for example, backed $610,000 to help Bay County pay for indigent health care, while Weatherford was one of three legislators supporting a $250,000 appropriation for the Museum of Science and Industry in Tampa.

But it's clear that sometimes asking the governor to spare an item doesn't help.

An aide to Rep. Mike LaRosa, R-St. Cloud, in a May 7 email highlights 6 items included in the budget for Osceola and Polk counties, including money for program for homeless veterans in Osceola County. All six are vetoed by Scott.

Yet Rep. Ken Roberson, R-Punta Gorda, managed to get his two projects spared, including $75,000 for a feasibility study to develop a research education aquarium in Charlotte County.

Some of the other legislators who also reached out in emails include Rep. Bill Hager, Rep. Dennis Baxley and Rep. Marti Coley.

Coley wrote a lengthy email to McDaniel where she defended several projects, including a $400,000 line-item for Liberty Hospital in Calhoun County where she argued the money was needed to help foster economic development in the rural Panhandle county.

From her email:

"Calhoun County is in my former district (Just a side note - I was born in this hospital). When I first came into office in 2005, I worked tirelessly to help keep this hospital open. The citizens rallied together and today it is a vital part of the community's economy and healthcare system. The upgrades would further help this community to continue to help themselves to attract economic development to the area. They are largely dependent on DOC (Department of Corrections) and this hospital for jobs and are diligently working to attract other industries to the area."

Scott, whose background includes running a for-profit hospital chain, vetoed the money. In his veto message, Scott said he killed the funding because it was going to pay for construction costs at the hospitaL

Just to note:

Of the 12 projects associated with Weatherford, Scott wound up vetoing five of them including money set aside for the Pasco County sheriff, a medical training and simulation lab for the University of Miami, a STEM Magnet Education Academy in Pasco County and the FSU reading pilot project.

Of the 18 projects associated with Gaetz, Scott vetoed 11 of them including $14 million for Gulf Coast State College, the $1 million for the UWF economic security report, $610,000 for indigent care coverage at the Bay County Health Department, $1 million for Building Homes for Heroes.

April 04, 2014

In what may seem like a completely different era the Florida Legislature was required to put some things in the public domain about how things wound up in the budget.

For many years legislators were required to at least document some evidence of a request for an earmark, or what was known as the "Community Budget Issue Request System." Legislators were required to fill out forms explaining a request a funding. One example: In 2008 Rep. Will Weatherford requested $3 million for a domestic violence center along with requests for nine other projects.

When the Great Recession caused a massive downturn in the economy there was a decision made by legislative leaders to shut down this effort.

"With the further decline in state revenues, it is my desire to avoid creating unrealistic funding expecations,'' wrote Senate President Jeff Atwater in a 2009 memo.

But even though the Florida Legislature has a budget surplus to work with this year there has been no move to return to this type of tracking system. Back in 2010 Democratic candidate for Chief Financial Officer Loranne Ausleysuggested requiring the reinstatement of the system so that "politicians must own their pork spending."

As this story notes - there's no shortage of hometown projects in the roughly $75 billion budget that legislators are working on right now.

The question is how the project got there and whether members of the public and press can deduce the origins of something.

Let's take just one project: $10 million for the "FSU College of Engineering" that has been in the Senate budget a couple of weeks now.

This project - along with $3 million in operational money pushed by Sen. John Thrasher - caused a firestorm on the Senate floor on Thursday. Thrasher acknowledged that the $10 million was for a separate building on the Florida State University campus to help transition to a new engineering school apart from the current joint school operated with Florida A&M University.

FAMU officials strongly oppose any move to separate the two schools and several legislators said it hearkened back to a time when FAMU's law school was shuttered in the '60s and the funding was shifted to a new law school at FSU. Thrasher defended the move by noting the declining enrollment in the FAMU part of the program.

Traditionally it is up to the Senate and House appropriations chairman to be responsible for placing construction items that are part of what is known as the Public Education Capital Outlay (PECO) list in the budget.

When asked Sen. Joe Negron, the Senate budget chief, initially said that the money for the school was on the PECO list given to the Florida Legislature by the Board of Governors, the appointed panel that oversees the state university system.

"I believe the Board of Governors had okayed consideration of that request,'' Negron said.

Then when asked if the board had put in for a stand-alone FSU facility Negron said: "It came from us having a certain amount of fixed capital to spend and looking at all the potential places" and deciding to put it toward the stand-alone facility.

"I think it's good policy," Negron continued. "I think we are going to take a good engineering school and turn it into two great schools."

So the question remains: Did the Board of Governors suggest funding for this project?

No.

The Board of Governors submitted a PECO list that calls for spending $30 million over the next two years for the construction of a new building to sit next to the two existing buildings that now make up the college. The House budget includes $15 million for the joint facility.

Furthermore a committee of the board last October was given a presentation on why a new $36 million building at the joint campus is needed.

The presentation prepared by FAMU & FSU officials contended that if funding were delayed there would be a "loss of propsective talented engineering students due to inadequate and outdated educational facilities including the current use of several temporary and dilapidated trailers/portables."

That's right - they are using portables at the current joint school.

Additionally the presentation states this: "The College has far outgrown its existing facilities. The College relies on outdated modular units to temporarily meet its space needs. Since the College is isolated from both main campuses it is difficult to share the resources of the libraries, auditorium, information and other student centered facilities."

State legislators changing the PECO list for universities is nothing new. It's how FSU got money to help build the University Center that now surrounds its football stadium. Legislative leaders have often used their clout to help universities in their own backyard.

But it also has led to some problems.

Atwater himself at the time defended the shutting down of the community budget system because he said it did not prevent the situation that happened when then-House budget chiefRay Sansom placed $6 million funding in the budget for his own hometown college for a project that turned out to be a hangar.

Sansom wound up being investigated over the deal although charges were eventually dropped after the judge in the case ruled that testimony from a key witness could not be used.

In the immediate aftermath, however, Atwater helped institute a policy that required college and university officials to publicly testify before the Legislature about what projects they actually needed and wanted on the PECO list.

Budget staff called it the "PECO Parade."

And guess what? The Legislature didn't do it last year. It would be a fair guess to suggest they won't do it this year either.